Fostering Pay Transparency In Your Organization

In case you missed it, as a Federal Contractor, you and your company are obligated to foster pay transparency by letting  your employees know their rights under the Pay Transparency Nondiscrimination Provision.   At a minimum you are required to include the provision in employee manuals and handbooks as well as post with other employee rights information.  The following is copied directly from the Department of Labor’s website and provides guidance to your obligations.

Office of Federal Contract Compliance Programs (OFCCP) 

Pay Transparency Nondiscrimination Provision

Every employer covered by Executive Order 11246, as amended, is required to post the Pay Transparency Nondiscrimination Provision and include it in employee manuals and handbooks. The provision provides applicants and employees notice that the employer will not discriminate against them for inquiring about, discussing or disclosing their pay or, in certain circumstances, the pay of their co-workers.

Because OFCCP believes that uniform use of the nondiscrimination provision is necessary to ensure consistency and clarity in the information provided to applicants and employees, contractors must, at a minimum, use the language provided in the nondiscrimination provision provided below to satisfy both dissemination requirements. Of course, nothing limits a contractor from providing additional information to their employees about their rights and obligations.

Posting Requirement

The posting requirement may be accomplished by posting the provision electronically or by posting a copy of the provision in conspicuous places available for employees and applicants. In order to facilitate the implementation of this requirement, OFCCP has created two versions of the nondiscrimination provision.

The first version is formatted to be posted electronically or printed and posted on the employer’s premises. It includes the OFCCP logo and contact information.

The second version includes the required, prescribed language only without formatting. At a minimum, contractors must use this prescribed language.

Employee Manuals and Handbooks

In addition to the posting requirement, employers covered by Executive Order 11246 must incorporate the nondiscrimination provision into their existing manuals or handbooks. Again, employers must, at a minimum, use the unformatted version.

Please note that this page provides general information. It is not intended to substitute for the actual law and regulations regarding the program described herein.

Note from Biddle:  Ensuring pay equity is a social and legal concern.  If you have potential concerns about pay equity in your organization or would like to know more about conducting a pay equity study, please feel free to give our experts a call or join us at the BCGi Summit where we will be diving into the intricacies of compensation (pay equity) analysis.

One Year Anniversary of BCG’s Silicon Valley Group

With its headquarter office in Folsom, California, Biddle Consulting Group, Inc. (BCG) is celebrating the one-year anniversary of its BCG Silicon Valley Group (SVG) office located in San Jose, California.  The addition of the Silicon Valley Group increases BCG’s presence in the heart of the U.S. economy and high-tech sector.

“We have a very seasoned staff in San Jose and, with the addition of one of the industry’s top thought leaders, Dan Kuang, Ph.D., now operating out of the Silicon Valley office, we have a very strong presence in the South Bay.”  says Patrick M. Nooren, Ph.D., Executive Vice President. “The Silicon Valley Group further extends BCG’s market presence and expands on the thousands of affirmative action plans, compensation analyses, diversity reporting, and many other OFCCP compliance and audit projects completed each year.”

The SVG team includes:

  • Michael Pati, Practice Manager – SVG
  • Dao Nguyen, EEO/AA Consultant
  • Bosco Chan, EEO/AA Analyst
  • Dan Kuang, Ph.D., Vice President – Legal and Audit Support Services

BCG specializes in Equal Employment Opportunity (EEO) consulting, litigation support, personnel testing software development, and Affirmative Action Plan (AAP) outsourcing and software. Since 1974, when known under the name Biddle & Associates, BCG has worked with thousands of employers in these areas, as well as providing litigation support as consultants or experts in over 200 State, Federal, and Circuit Court of Appeals EEO cases involving statistics and/or job-relatedness (test validity) analyses. This includes conducting sensitive statistical EEO audit analyses for employers prior to a suit to minimize the likelihood of suit. Each year BCG’s EEO/AA division supports 5,000 affirmative action plans and analyzes millions of records for disparity in compensation.

BCGi EEO/AA Compliance Conference in San Francisco

BCGi Summit: Practical Solutions for EEO/AA Compliance

Biddle Consulting Group’s seasoned consultants combine with leading industry experts to deliver practical, real-world advice on a variety of EEO Topics throughout this one and a half (1.5) day conference.


  • AAP Cross-Fit: Unraveling the metrics of your organization’s AAP
  • Recent executive orders (and what they actually mean for your organization)
  • Investigating compensation without a statistician
  • Outreach & recruitment strategies provided by experts in the field
  • Diversity strategies from federal contractors large and small
  • Q&A with a panel of former OFCCP employees

Speakers include experts from the following organizations:

  • DirectEmployers Association
  • HirePotential
  • Manchester Consultants
  • Oracle
  • Lawrence Berkeley National Laboratory
  • General Electric
  • Baystate Health


  • When: Thursday, April 28 & Friday, April 29, 2016
  • Where: San Francisco Marriott Union Square (San Francisco, CA)
  • Registration Fee: $695 (Early Bird Discount – Save $100, if you register by February 12, 2016)
  • More Information: Visit the BCGi Summit Event Page

Register Today!

EEO-1 Filing Multi-establishment Employers – Special Procedures

Multi-establishment employers who take advantage of the EEOC’s Special Procedures do so to better align their data with the realities of their organizational structure.   According to the FAQs and EEO-1 Instruction Booklet multi-establishment employers must follow special procedures when:

EEO-1 Frequently Asked Questions (FAQs)
If the establishments that are located at the same address AND have the same NAICS code and the same FEIN, the establishments MUST be combined into only one report. If your company is unable to combine these records due to corporate structure, please consult Item #5 “Requests for Information and Special Procedures” found in the EEO-1 Instruction Booklet.

EEO-1 Instruction Booklet

An employer who claims that preparation or the filing of Standard Form 100 would create undue hardship may apply to the Commission for a special reporting procedure. In such cases, the employer must submit, in writing, a detailed alternative proposal for compiling and reporting information to:

The EEO-1 Coordinator
EEOC-Survey Division
1801 L Street, NW
Washington, DC 20507

Only those special procedures approved in writing by the Commission are authorized. Such authorizations remain in effect until notification of cancellation is given. All requests for information should be sent to the address above.

However, Biddle has received clarification from the EEO-1 Joint Reporting Committee indicating that contractors do not need to follow special reporting procedures when an address and NAICS are the same but the FEIN is different.

In summary:

  1. Establishments located at the same address, with the same NAICS and the same FEIN must file for Special Procedures to submit those establishments separately
  2. Establishments located at the same address, with the same NAICS and different FEINs are able to submit without seeking special procedural relief.
  3. Employers that have a combination of both must seek relief through Special Procedures.

If you have questions regarding EEO-1 submittal or need assistance, please feel free to contact Biddle Consulting Group’s EEO/AA Department.